Maines v. Kenworth Alaska, Inc.

*330CARPENETI, Justice,

with whom EASTAUGH, Justice, joins dissenting in part.

In Part IV.B. of today's Opinion, the court holds that it was error for the superior court to exclude the Meltvedt affidavit from summary judgment consideration. The superior court excluded the affidavit on two grounds: its lateness and its lack of substance. Because the appellant has not timely addressed the second basis for the superior court's decision, I would hold that the appellant has waived any objection to this second basis for the decision, and affirm the superior court on the basis of waiver.

Judge Burbank…